Copyright in Thailand

Copyright protection is essential for safeguarding creative works and ensuring that authors, creators, and businesses can control and benefit from their original content. In Thailand, copyright law provides automatic protection to qualifying works, enabling rights holders to prevent unauthorized use and exploitation.

What is copyright?

According to the Copyright Act B.E. 2537 (1994) and its amendments, copyright is the exclusive right to do any act by virtue of this Act with respect to the work created by the ‘author’. The author refers to a person who makes or creates any work, which is a copyright work by virtue of this Act. In other words, copyright is a legal right granted to the creator of an original work, giving them exclusive rights to use, reproduce, and distribute that work. 

Unlike other forms of intellectual property, copyright protection in Thailand arises automatically upon creation, without the need for registration. Nevertheless, voluntary recordation with the Department of Intellectual Property (DIP) is essential in enhancing your rights as the creator. 

Thai Copyright Laws and International Framework

Copyright protection in Thailand is governed by both domestic legislation and international agreements, including:

• Copyright Act B.E. 2537 (1994) (as amended), which sets out the scope of protection, ownership, rights, and enforcement mechanisms in Thailand;
• Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), which ensures automatic protection of works across member countries without the need for registration; and
• Hague Act 1960, which relates to the international deposit and protection of certain categories of intellectual property.

Therefore, Thailand’s domestic framework and its participation in international frameworks ensure that copyright protection is recognized and enforceable across multiple jurisdictions.

What are the protected works?

According to the Copyright Act B.E. 2537 (1994) and its amendments, the copyright protection extends to 9 creative works, including:

1. Literary works, such as books, articles, and computer software
2. Dramatic work, such as choreography and dancing
3. Artistic works, such as paintings, drawings, and photographs
4. Musical works, such as compositions and lyrics
5. Audiovisual works 
6. Cinematographic work
7. Sound recording, such as CDs
8. Sound and video broadcasting work
9. any other works in the literary, scientific or artistic domain

Who is the owner of copyright?

Generally, the creator of a work is the first owner of copyright. However, there are important exceptions, such as:

• Employment — Works created in the course of employment may belong to the employer, depending on the agreement
• Commissioned Works — Ownership depends on contractual terms between the parties
• Assignments — Copyright can be transferred in whole or in part through written agreements

Therefore, clear contractual arrangements are essential to avoid disputes over ownership.

What rights does a copyright owner have?

A copyright owner in Thailand can enjoy both economic rights and moral rights.

Economic Rights include:

• Reproduction of the work
• Adaptation or modification
• Distribution and sale
• Public performance and communication to the public
• Licensing of rights to third parties

Moral Rights include:

• Right to be identified as the author
• Right to object to distortion or modification that harms the creator’s reputation

Duration of Protection 

In general, the duration of copyright protection in Thailand is for the lifetime of the author, plus an additional of 50 years after the author’s death. For certain works, such as photographs, the duration of copyright protection is 50 years from publication.

Copyright Registration and Recordation

As Thailand is a member of the Berne Convention, copyright protection is automatic among the 181 member countries, including the United States, United Kingdom, China, Russia, Canada, and most European nations (updated in 2026). However, voluntary recordation with the Department of Intellectual Property (DIP) can be beneficial as it serves as prima facie evidence of ownership and can strengthen enforcement actions.

Copyright Infringement and Enforcement

Unauthorized use of copyrighted works may constitute infringement. Rights holders can take action through:

• Civil Proceedings – Seeking injunctions and damages
• Criminal Prosecution – Including fines and imprisonment for serious violations
• Administrative Actions – Such as website blocking or customs enforcement in certain cases

Note: Thailand has a specialized Intellectual Property and International Trade Court, which provides effective enforcement mechanisms, including injunctions and damages, and enhances confidence for both local and international businesses operating in Thailand.

Licensing and Commercialization

Copyright can be monetized through:

• Licensing Agreements – Granting permission to use the work under specific terms
• Assignments – Transfer of ownership rights
• Franchising and Distribution Arrangements

How Skyinterlegal Can Help

At Skyinterlegal, we provide comprehensive copyright services to creators, businesses, and rights holders across industries. Our services include:

• Advisory & Rights Structuring
  We advise on ownership, protection strategies, and risk management for creative assets.
• Contract Drafting
  We prepare and review agreements, including licensing, assignments, publishing, and production contracts.
• Recordation Services
  We assist with copyright recordation to strengthen your legal position.
• Enforcement & Anti-Piracy
  We assist in taking action against infringement, including online piracy, unauthorized reproduction, and distribution.
• Dispute Resolution
  We represent clients in negotiations, mediation, and litigation before the relevant courts.

Why Choose Us

• Practical Legal Expertise
  We provide clear, commercially focused advice tailored to creative industries and digital businesses.
• Strong Enforcement Capability
  Our team is experienced in handling copyright infringement cases, including complex and cross-border disputes.
• Industry Understanding
  We work with clients in media, technology, entertainment, publishing, and e-commerce sectors.
• Responsive and Client-Focused
  We prioritize efficiency, transparency, and tailored solutions for each client.
• Full-Service Support
  From creation and protection to enforcement and commercialization, we offer end-to-end copyright legal services in Thailand.

Contact Us

If you are a creator, business, or rights holder seeking to protect or enforce your copyright in Thailand, our team is ready to assist. Contact us today to learn how we can help safeguard your creative works.

Frequently Asked Questions (FAQs)

Do I need to register copyright in Thailand?

No, copyright protection arises automatically upon creation of a qualifying work. Registration is not required to obtain protection. However, you may voluntarily record your copyright with the Department of Intellectual Property (DIP) since it can serve as useful evidence of ownership in enforcement actions.

Who owns the copyright?

Generally, the creator is the owner. However:

• Employers may own works created in the course of employment
• Ownership of commissioned works depends on the agreement
• Rights can be transferred by written assignment

Are foreign works protected in Thailand?

Yes, under the Berne Convention, works created by nationals of member countries or first published in a member country are protected in Thailand.

What is copyright infringement?

Infringement occurs when a protected work is used without permission, such as unauthorized reproduction, distribution, or public communication.

Are there any exceptions to copyright infringement?

Yes, certain uses may be permitted under exceptions, such as fair use for research, study, criticism, or news reporting, subject to legal conditions.

Can I license or transfer my copyright?

Yes, copyright can be licensed or assigned, typically through written agreements to ensure clarity and enforceability.